Select your state

Civil procedure

hearsay

Hearsay is a statement that (1) the person making it (the declarant) does not make while testifying at the current trial or hearing (in other words, the statement is made out of court); and (2) a party offers as evidence to prove the truth of the matter asserted in the statement.

Hearsay is generally not admissible as evidence—but there are many exceptions to hearsay, and statements that are non-hearsay. The law governing hearsay is usually located in the applicable state or federal rules of evidence, which are interpreted and applied by courts in court opinions or cases.

In South Carolina, hearsay is defined similarly to the federal standard, as a statement made outside of the current trial or hearing that is offered in evidence to prove the truth of the matter asserted. Under South Carolina Rule of Evidence 801(c), hearsay is generally inadmissible unless it falls under one of the many exceptions outlined in Rules 803, 804, and 807. These exceptions include, but are not limited to, statements made under the belief of impending death, statements against interest, and certain statements of personal or family history. Additionally, some statements are not considered hearsay at all, such as a declarant-witness's prior statement if the declarant testifies at the current trial or hearing and is subject to cross-examination about the prior statement. The South Carolina courts interpret and apply these rules to determine the admissibility of hearsay in legal proceedings.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Civil procedure

hearsay

Individual & Family Legal Plan

Articles

South-Carolina State Code

South-Carolina State Code

Civil procedure

hearsay

Articles